Criminal Law Outline

Etienne
Crim Law
Fall 2010
 
Model Penal Code
–          Created in the 1950s by the American Law Institute and adopted in 1962
–          Meant to serve as a model for better penal code legislation
–          Meant to fill in gaps in various state penal codes
 
LEGAL GUILT
 
Defendant is presumed innocent until proven guilty
 
Due Process Clause of the US Constitution (5th and 14th amendments)
–          Requires prosecutor to persuade the fact finder “beyond a reasonable doubt” of every fact necessary to constitute the crime charged
–          The due process clause is necessary to command the respect and confidence of the community in the applications of criminal law
–          More social harm is caused by convicting an innocent man than by letting a guilty man go free
–          “Reasonable doubt” is a tricky term
o   If you are the defense you want “reasonable doubt” to be small. Therefore, if you have even the smallest doubt, the jury should acquit
o   If you are the prosecutor you want “reasonable doubt” to be a substantial doubt
 
Owens v. State
Owens appealed his conviction of driving while intoxicated arguing that the evidence was not legally sufficient to support a finding of guilt.
–          A conviction upon circumstantial evidence alone is not to be sustained unless the circumstances are inconsistent with any reasonable hypothesis of innocence
–          Because he was found not conscious at the wheel with an open can of beer between his legs, 2 empty cans in the back, his breath smelled like alcohol, his speech was slurred, and there was an alcohol restriction on his license, the court found the totality of the circumstances were inconsistent with any reasonable hypothesis of innocence.
 
Procedure:
–          Upon completion of the state’s case, the defense may motion for a directed verdict of acquittal
o   By doing so, the defense asserts the presumption of innocence and claims that the state has failed to overcome this presumption
o   If the motion is granted, defendant is acquitted
o   If the motion is denied, the defense presents its case
–          At the end of the trial, the defense can again move for a directed verdict of acquittal
o   If denied, both parties make closing arguments and the judge instructs the jury on the principals of law that are relevant to the case
o   If granted, defendant is acquitted
–          On appeal, the standard is whether the trier of fact COULD have REASONABLY reached the decision
o   The belief is that the jury is in a better position to decide the facts since it sees the evidence and has the ability to judge the credibility of the witnesses
 
JURY NULLIFICATION
 
5th Amendment (Double Jeopardy Clause)
–          Bars the government from re-prosecuting a defendant after a jury acquittal
–          Gives the jury the power to acquit for any reason, even if the state can prove their defense beyond a reasonable doubt
–          The jury has the POWER but NOT THE RIGHT to nullify
o   This means that a defendant is NOT ENTITLED to have the jury instructed on nullification
–          Who decides what criminal law is? At the grass roots level, the jury
 
State v. Ragland
Ragland was convicted of armed robbery and possession of a weapon by a convicted felon. He appeals, arguing that the judge should have informed the jury of its power to nullify
–          Holding: the power of the jury to acquit, despite overwhelming proof of guilt and the jury’s belief of guilt beyond a reasonable doubt, is not one of the essential attributes of the right to trial by jury
 
Policy issues regarding jury nullification
–          Against jury nullification:
o   Where law are unfair, the proper prevention of injustice is to revise those laws through the legislature, not to nullify
–          For jury nullification:
o   It prevents oppression by the Government
§  Paul Butler argues that African-American jurors should use nullification to acquit defenders of victimless crimes based on a cost-benefit analysis
 
Factors to be considered by the jury in determining whether to acquit:
–          The personal characteristics of the defendant
–          The degree of harm caused by the defendant
–          The jurors’ belief that the victim was partially at fault
–          Their view of the morality or wisdom of the law that defendant violated
–          Their belief that defendant has been punished enough or that violation of the offense carries too harsh a penalty
–          Their perception that the police of the prosecutor acted improperly in bring the case
 
DEFINING CRIMINAL CONDUCT
 
MPC 1.02
–          Lists the general purposes of the provis